COMLEX MEDICAL LAW/ETHICS QUESTIONS &
ANSWERS
How long does a physician have to release records when requested by a patient? -
Answer -30 days;
5 days after written consent if medical records are requested for Tx
What are the 3 types of torts (aka. Civil wrong, as opposed to a criminal wrong)? -
Answer -There are basically three types of torts:
1. *Intentional* torts= when doc intentionally causes harm knowing the consequences
2. *Negligence*= 4D's; An act or failure to act (omission) by doctor that deviates from
the accepted medical standard of care.
3. Absolute/*Strict liability of tort*= the imposition of liability on a party without a finding
of fault (such as negligence or tortious intent). The claimant *only needs to prove that
the tort occurred and that the defendant was responsible*. The law imputes strict liability
to situations it considers to be inherently dangerous.
The Employee Retirement Income Security Act (ERISA) - Answer -The Employee
Retirement Income Security Act of 1974 (ERISA) is a federal law that sets *minimum
standards for most voluntarily established pension and health plans* in private industry
to provide protection for individuals in these plans.
Healthcare Integrity and Protection Data Bank (HIPDB) - Answer -United States
Government program that the collects and discloses authorized users *negative
information on health care practitioners* (ex.* malpractice awards, loss of license, or
exclusion from participation in Medicare/Medicaid*);
Primary goals of improving health care quality, protecting the public, and reducing
health care fraud and abuse
agency law - Answer -aw cases, "agency" describes situations where one person (the
principal) authorizes a second person (the agent) to deal with a third person on the
principal's behalf.
Agency also comes up in personal injury cases, often when an injured plaintiff sues both
a defendant and the defendant's employer under the rule of respondeat superior, which
states that a both a defendant who is working for his employer and the employer are
responsible when the defendant employee's negligence causes an injury.
Agency law= Simply stated, the agent acts for the principal as if it were the principal
acting - and with the same authority- as if it were the principal.
b/l amputation required in a schizophrenic patient with gangrene. patient is refusing. -
Answer -ethics consult! life changing
ANSWERS
How long does a physician have to release records when requested by a patient? -
Answer -30 days;
5 days after written consent if medical records are requested for Tx
What are the 3 types of torts (aka. Civil wrong, as opposed to a criminal wrong)? -
Answer -There are basically three types of torts:
1. *Intentional* torts= when doc intentionally causes harm knowing the consequences
2. *Negligence*= 4D's; An act or failure to act (omission) by doctor that deviates from
the accepted medical standard of care.
3. Absolute/*Strict liability of tort*= the imposition of liability on a party without a finding
of fault (such as negligence or tortious intent). The claimant *only needs to prove that
the tort occurred and that the defendant was responsible*. The law imputes strict liability
to situations it considers to be inherently dangerous.
The Employee Retirement Income Security Act (ERISA) - Answer -The Employee
Retirement Income Security Act of 1974 (ERISA) is a federal law that sets *minimum
standards for most voluntarily established pension and health plans* in private industry
to provide protection for individuals in these plans.
Healthcare Integrity and Protection Data Bank (HIPDB) - Answer -United States
Government program that the collects and discloses authorized users *negative
information on health care practitioners* (ex.* malpractice awards, loss of license, or
exclusion from participation in Medicare/Medicaid*);
Primary goals of improving health care quality, protecting the public, and reducing
health care fraud and abuse
agency law - Answer -aw cases, "agency" describes situations where one person (the
principal) authorizes a second person (the agent) to deal with a third person on the
principal's behalf.
Agency also comes up in personal injury cases, often when an injured plaintiff sues both
a defendant and the defendant's employer under the rule of respondeat superior, which
states that a both a defendant who is working for his employer and the employer are
responsible when the defendant employee's negligence causes an injury.
Agency law= Simply stated, the agent acts for the principal as if it were the principal
acting - and with the same authority- as if it were the principal.
b/l amputation required in a schizophrenic patient with gangrene. patient is refusing. -
Answer -ethics consult! life changing
